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LegalGems
LegalGems, Lawyer
Category: Family Law
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I need to request an appeal in a custody case on a ruling

Customer Question

I need to request an appeal in a custody case on a ruling for temporary custody to the plaintiff. I am in between lawyers at the moment. Is there a template I can use? What is the best way to do so?
Thank You
Jessica
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Thanks for your patience as I researched this for you. Unfortunately there is no template for appeals, precisely because of the fact that each case will depend on the specifics of the underlying trial. In order to successfully appeal a final order, the appellant must prove that the judge made an error of law. The appellate process is very complicated, and there are attorneys who focus solely on appellate law, as the process is somewhat different that the lower courts. In addition to filing the appeal, a brief needs to be submitting, setting forth the grounds for the appeal, along with the facts that substantiate it. One moment please.

Expert:  LegalGems replied 1 year ago.

The rules are located here -https://supremecourt.nebraska.gov/supreme-court-rules/ch2/art1

Expert:  LegalGems replied 1 year ago.

You will see they are specific to the appellate process and differ from lower court.

Expert:  LegalGems replied 1 year ago.

A self help guide to the process is located here: https://supremecourt.nebraska.gov/sites/supremecourt.ne.gov/files/self-help/citz-guide-appellate-courts.pdf

Expert:  LegalGems replied 1 year ago.

This case discusses the considerations the court will consider on appeals re: child custody: https://supremecourt.nebraska.gov/sites/supremecourt.ne.gov/files/coa/opinions/caAug25A-14-790.pdf

Expert:  LegalGems replied 1 year ago.

I was unable to locate a sample brief for NE but here is one for OR, which shows the complexity of the matter - http://courts.oregon.gov/OJD/docs/osca/acs/records/domesticrelationscasesampleacceptableappellantsopeningbrief.pdf

Expert:  LegalGems replied 1 year ago.

It takes several hours of research, then hours of drafting, to compile a brief.

Expert:  LegalGems replied 1 year ago.

Time frame for filing an appeal is here: http://nebraskalegislature.gov/laws/statutes.php?statute=25-1912

Expert:  LegalGems replied 1 year ago.

Here is a NE case that indicates what the judge will consider on appeal: https://supremecourt.nebraska.gov/sites/supremecourt.ne.gov/files/coa/opinions/caAug25A-14-790.pdf

Expert:  LegalGems replied 1 year ago.

Please note that appeals can only be had on final orders: 25-1912. Appeal; civil and criminal actions; procedure; notice of appeal; docketing fee; filing of transcript.

(1) The proceedings to obtain a reversal, vacation, or modification of judgments and decrees rendered or final orders made by the district court, including judgments and sentences upon convictions for felonies and misdemeanors, shall be by filing in the office of the clerk of the district court in which such judgment, decree, or final order was rendered, within thirty days after the entry of such judgment, decree, or final order, a notice of intention to prosecute such appeal signed by the appellant or appellants or his, her, or their attorney of record and, except as otherwise provided in sections 25-2301 to 25-2310, 29-2306, and 48-641, by depositing with the clerk of the district court the docket fee required by section 33-103.

Expert:  LegalGems replied 1 year ago.

Statute re: modification requests: 6) Modification proceedings relating to support, custody, parenting time, visitation, other access, or removal of children from the jurisdiction of the court shall be commenced by filing a complaint to modify. Modification of a parenting plan is governed by the Parenting Act. Proceedings to modify a parenting plan shall be commenced by filing a complaint to modify. Such actions shall be referred to mediation or specialized alternative dispute resolution as provided in the Parenting Act. For good cause shown and (a) when both parents agree and such parental agreement is bona fide and not asserted to avoid the purposes of the Parenting Act, or (b) when mediation or specialized alternative dispute resolution is not possible without undue delay or hardship to either parent, the mediation or specialized alternative dispute resolution requirement may be waived by the court. In such a case where waiver of the mediation or specialized alternative dispute resolution is sought, the court shall hold an evidentiary hearing and the burden of proof for the party or parties seeking waiver is by clear and convincing evidence. Service of process and other procedure shall comply with the requirements for a dissolution action. - http://nebraskalegislature.gov/laws/statutes.php?statute=42-364

Expert:  LegalGems replied 1 year ago.

Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

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